§ 113-411. Dealing in or handling of illegal oil, gas or product prohibited. - North Carolina Statutes

§ 113‑411.  Dealingin or handling of illegal oil, gas or product prohibited.

(a)        The sale, purchase or acquisition, or the transportation,refining, processing or handling in any other way of illegal oil, illegal gasor illegal product is hereby prohibited. All persons purchasing any petroleumproduct must first be licensed to do so by the Department.

(b)        Unless and until the Department provides for certificates ofclearance or tenders, or some other method, so that any person may have anopportunity to determine whether any contemplated transaction of sale, purchaseor acquisition, or transportation, refining, processing or handling in anyother way, involves illegal oil, illegal gas or illegal product, no penaltyshall be imposed for the sale, purchase or acquisition, or the transportation,refining, processing or handling in any other way of illegal oil, illegal gasor illegal product, except under circumstances hereinafter stated. Penaltiesshall be imposed for the commission of each transaction prohibited in thissection when the person committing the same knows that illegal oil, illegal gasor illegal product is involved in such transaction, or when such person couldhave known or determined such fact by the exercise of reasonable diligence orfrom facts within his knowledge. However, regardless of lack of actual noticeor knowledge, penalties as provided in this law shall apply to any sale,purchase or acquisition, and to the transportation, refining, processing orhandling in any other way, of illegal oil, illegal gas or illegal product,where administrative provision is made for identifying the character of thecommodity as to its legality. It shall likewise be a violation for whichpenalties shall be imposed for any person to sell, purchase or acquire, or totransport, refine, process or handle in any other way any oil, gas or anyproduct without complying with any rule or order of the Department relatingthereto. (1945, c. 702, s.31; 1973, c. 1262, s. 86; 1987, c. 827, s. 122.)